WARDEN’S COURT

Hokitika Guardian, 16 May 1933, Page 2

WARDEN’S COURT

UNUSUAL ACTION,

GREYMOUTH, May 15

[A! sequel to the fatality which occurred on the Brian Boru gold.dredging claim on 'March 31 last, when [Richard,.O’Connell was buried in a shaft, was heard in the Warden’s Court, at Greymouth, to-day, before [Mr W. .Meldrum,. The proceeding 1 were unusual, in that they are understood to be the first of their. kind, taken in the Warden’s Court at Greymouth. •

On; the information of the Inspector of .Mines (Mr E. ,T. Scoble). Nicholas Curnow .'was charged. (1) That, on March 31. at German Gully, Grey Valley Road, he was mine'manager of the Brian Born Gold-dredging Company, Ltd., mine, when an excavation in connection. with the working of the said mine ’ was not securely protected and made s afe for persons . working therein, as required by the-provisions “bf. Section 274 (Jl) of the Mining Act, 1926; (2).that, on March 31, he was mine manager of the Brian' Boru Company's mine when, in a shaft where no machinery was used, a proper ladder or footway was not provided for : the persons employed therein, as required 'by the provisions of Section of the Mining Act, 1926. Mr J. W. ■ Hannan appeared for CurridW, and pleaded riot guilty. 1 After hearing considerable evidence, the Warden said it must he held that defendant was in charge of the operations, although he did not understand at the ‘time that he was to do more. than temporarily look after the dredge. The dredge had, just been completed, and mining operations generally were not in full working or- " Curnow' 1 seemed to think that *neWag, employed to look after the dredge, but he had since admitted that he was taking the place of Fisher, who was in charge of- all the operations. It. must be held that Curnow came within the provisions of ; the section. However, it was a sudden _ appointment,',‘a.ndi he had not had'time get in touch with all that was going on. His job' up to then was merely winchman. [Although, , technically j Curnow was liable • under the -section, I Mt Meldrum said he .did .not think it a»as \k faisfe wilmi#’a’.penalty should he Curnow could not be held to be. personally ! liable, .owing to his ■late appointment, for the accident

which took place.- A conviction would be entered, without penalty. Mr Scoble said that lie had been instructed by tye Department to ask for reasonable expenses -fo r appearing in the case. H e was living at Reefton, land he suggested that £1 Is should be allowed. The Warden : allowed £1 Is expenses’ (arid also ordered Curnow to ’pay! (10s Court costy Oji each! of the two charges.